II 

118TH CONGRESS 

2D SESSION S. 4001 

To establish a commission to study the potential transfer of the Weitzman 

National Museum of American Jewish History to the Smithsonian Institution, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2024 

Mr. CASEY (for himself, Mr. CRAPO, Mr. FETTERMAN, Ms. COLLINS, and Ms. 

ROSEN) introduced the following bill; which was read twice and referred 

to the Committee on Rules and Administration 

A BILL 

To establish a commission to study the potential transfer 

of the Weitzman National Museum of American Jewish 

History to the Smithsonian Institution, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission to Study 

5 the Potential Transfer of the Weitzman National Museum 

6 of American Jewish History to the Smithsonian Institu7 tion Act’’. 


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1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 (a) IN GENERAL.—There is established the Commis3 sion to Study the Potential Transfer of the Weitzman Na4 tional Museum of American Jewish History to the Smith5 sonian Institution (hereafter in this Act referred to as the 

6 ‘‘Commission’’). 

7 (b) MEMBERSHIP.—The Commission shall be com8 posed of 9 members, of whom— 

9 (1) 2 voting members shall be appointed by the 

10 majority leader of the Senate; 

11 (2) 2 voting members shall be appointed by the 

12 Speaker of the House of Representatives; 

13 (3) 2 voting members shall be appointed by the 

14 minority leader of the Senate; 

15 (4) 2 voting members shall be appointed by the 

16 minority leader of the House of Representatives; and 

17 (5) 1 nonvoting member shall be appointed by 

18 the board of the Weitzman National Museum of 

19 American Jewish History. 

20 (c) QUALIFICATION.—Members of the Commission 

21 shall be appointed to the Commission from among individ22 uals, or representatives of institutions or entities, who pos23 sess— 

24 (1)(A) a demonstrated commitment to the re25 search, study, or promotion of Jewish American hisVerDate Sep 11 2014 05:22 Apr 03, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4001.IS S4001

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1 tory, art, political or economic status, or culture; 

2 and 

3 (B)(i) expertise in museum administration; 

4 (ii) expertise in fund-raising for nonprofit or 

5 cultural institutions; 

6 (iii) experience in the study and teaching of 

7 Jewish American history; 

8 (iv) experience in the study and teaching of 

9 combating and countering antisemitism; 

10 (v) experience in studying the issue of the rep11 resentation of Jewish Americans in art, life, history, 

12 and culture at the Smithsonian Institution; or 

13 (vi) extensive experience in public or elected 

14 service; 

15 (2) experience in the administration of, or the 

16 strategic planning for, museums; or 

17 (3) experience in the planning or design of mu18 seum facilities. 

19 (d) DEADLINE FOR INITIAL APPOINTMENT.—The 

20 initial members of the Commission shall be appointed not 

21 later than the date that is 90 days after the date of enact22 ment of this Act. 

23 (e) VACANCIES.—A vacancy in the Commission— 

24 (1) shall not affect the powers of the Commis25 sion; and 


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1 (2) shall be filled in the same manner as the 

2 original appointment was made. 

3 (f) CHAIRPERSON.—The Commission shall, by major4 ity vote of all of the voting members, select 1 member of 

5 the Commission to serve as the Chairperson of the Com6 mission. 

7 (g) PROHIBITION.—No employee of the Federal Gov8 ernment may serve as a member of the Commission. 

9 SEC. 3. DUTIES OF COMMISSION. 

10 (a) REPORTS AND OTHER DELIVERABLES.—Not 

11 later than 2 years after the date of the first meeting of 

12 the Commission, the Commission shall submit to the 

13 President and to Congress the report, plan, and rec14 ommendations described in paragraphs (1) through (3). 

15 (1) REPORT ON ISSUES.—A report that ad16 dresses the following issues relating to the Weitzman 

17 National Museum of American Jewish History in 

18 Philadelphia, PA, and its environs (hereafter in this 

19 Act referred to as the ‘‘Museum’’): 

20 (A) The collections held by the Museum at 

21 the time of the report, the extent to which such 

22 collections are already represented in the 

23 Smithsonian Institution and Federal memorials 

24 at the time of the report, and the availability 


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1 and cost of future collections to be acquired and 

2 housed in the Museum. 

3 (B) The impact of the Museum on edu4 cational and governmental efforts to study and 

5 counter antisemitism. 

6 (C) The financial assets and liabilities held 

7 by the Museum, and the cost of operating and 

8 maintaining the Museum. 

9 (D) The governance and organizational 

10 structure from which the Museum should oper11 ate if transferred to the Smithsonian Institu12 tion. 

13 (E) The financial and legal considerations 

14 associated with the potential transfer of the 

15 Museum to the Smithsonian Institution, includ16 ing— 

17 (i) any donor or legal restrictions on 

18 the Museum’s collections, endowments, and 

19 real estate; 

20 (ii) costs associated with actions that 

21 will be necessary to resolve the status of 

22 employees of the Museum, if the Museum 

23 is transferred to the Smithsonian Institu24 tion; and 


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1 (iii) all additional costs for the Smith2 sonian Institution that would be associated 

3 with operating and maintaining a new mu4 seum outside of the Washington, DC, met5 ropolitan area. 

6 (F) The feasibility of the Museum becom7 ing part of the Smithsonian Institution, taking 

8 into account the Museum’s potential impact on 

9 the Smithsonian’s existing facilities mainte10 nance backlog, collections storage needs, and 

11 identified construction or renovation costs for 

12 new or existing museums. 

13 (2) FUND-RAISING PLAN.—A fund-raising plan 

14 that addresses the following topics: 

15 (A) The ability to support the transfer, op16 eration, and maintenance of the Museum 

17 through contributions from the public, including 

18 potential charges for admission. 

19 (B) Any potential issues with funding the 

20 operations and maintenance of the Museum in 

21 perpetuity without reliance on appropriations of 

22 Federal funds. 

23 (3) LEGISLATIVE RECOMMENDATIONS.—A re24 port containing recommendations regarding a legis25 lative plan for transferring the Museum to the 


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1 Smithsonian Institution, which shall include each of 

2 the following: 

3 (A) Proposals regarding the time frame, 

4 one-time appropriations level, and continuing 

5 appropriations levels that might be included in 

6 such legislation. 

7 (B) Recommendations for the future name 

8 of the Museum if it is transferred to the Smith9 sonian Institution. 

10 (b) NATIONAL CONFERENCE.—Not later than 2 

11 years after the date on which the initial members of the 

12 Commission are appointed under section 2, the Commis13 sion may, in carrying out the duties of the Commission 

14 under this section, convene a national conference relating 

15 to the Museum, to be comprised of individuals committed 

16 to the advancement of the life, art, history, and culture 

17 of Jewish Americans. 

18 SEC. 4. ADMINISTRATIVE PROVISIONS. 

19 (a) COMPENSATION.— 

20 (1) IN GENERAL.—A member of the Commis21 sion— 

22 (A) shall not be considered to be a Federal 

23 employee for any purpose by reason of service 

24 on the Commission; and 

25 (B) shall serve without pay. 


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1 (2) TRAVEL EXPENSES.—A member of the 

2 Commission shall be allowed a per diem allowance 

3 for travel expenses, at rates consistent with those 

4 authorized under subchapter I of chapter 57 of title 

5 5, United States Code. 

6 (3) GIFTS, BEQUESTS, AND DEVISES.—The 

7 Commission may solicit, accept, use, and dispose of 

8 gifts, bequests, or devises of money, services, or real 

9 or personal property for the purpose of aiding or fa10 cilitating the work of the Commission. Such gifts, 

11 bequests, or devises may be from the Museum. 

12 (4) FEDERAL ADVISORY COMMITTEE ACT.— 

13 Chapter 10 of title 5, United States Code, shall not 

14 apply to the Commission. 

15 (b) TERMINATION.—The Commission shall terminate 

16 on the date that is 30 days after the date on which the 

17 final versions of the report, plan, and recommendations 

18 required under section 3 are submitted. 

19 (c) FUNDING.—The Commission shall be solely re20 sponsible for acceptance of contributions for, and payment 

21 of the expenses of, the Commission. 

22 (d) DIRECTOR AND STAFF OF COMMISSION.— 

23 (1) DIRECTOR AND STAFF.— 

24 (A) IN GENERAL.—The Commission may 

25 employ and compensate an executive director 


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1 and any other additional personnel that are 

2 necessary to enable the Commission to perform 

3 the duties of the Commission. 

4 (B) RATES OF PAY.—Rates of pay for per5 sons employed under subparagraph (A) shall be 

6 consistent with the rates of pay allowed for em7 ployees of a temporary organization under sec8 tion 3161 of title 5, United States Code. 

9 (2) NOT FEDERAL EMPLOYMENT.—Any indi10 vidual employed under this subsection shall not be 

11 considered a Federal employee for the purpose of 

12 any law governing Federal employment. 

13 (3) TECHNICAL ASSISTANCE.— 

14 (A) IN GENERAL.—Subject to subpara15 graph (B), on request of the Commission, the 

16 head of a Federal agency shall provide technical 

17 assistance to the Commission. 

18 (B) PROHIBITION.—No Federal employees 

19 may be detailed to the Commission. 

20 (4) VOLUNTEER SERVICES.—Notwithstanding 

21 section 1342 of title 31, United States Code, the 

22 Commission may accept and use voluntary and un23 compensated services as the Commission determines 

24 necessary. 


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1 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon re2 quest of the Commission, the Administrator of the General 

3 Services Administration shall provide to the Commission, 

4 on a reimbursable basis, the administrative support serv5 ices necessary for the Commission to carry out its respon6 sibilities under this Act. The involvement of the General 

7 Services Administration shall be limited to providing ad8 ministrative support to the Commission, and such involve9 ment shall terminate upon termination of the Commission. 

10 (f) MEETING LOCATION.—The Commission may 

11 meet virtually or in-person. 

12 (g) APPOINTMENT DELAYS.—The Commission may 

13 begin to meet and carry out activities under this Act be14 fore all members of the Commission have been appointed 

15 if— 

16 (1) 90 days have passed since the date of enact17 ment of this Act; and 

18 (2) a majority of the members of the Commis19 sion have been appointed. 

Æ 


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